RESOLUTION 2008-2

A RESOLUTION APPROVING AN AGREEMENT WITHSOUTHWESTEN BELL TELEPHONE, L.P., A TEXASLIMITED PARTNERSHIP DOING BUSINESS AS AT&TARKANSAS TO PROVIDE IP ENABLED VIDEO SERVICESAND USE OF PUBLIC ROW WITHIN THE CITY,SPECIFYING CONDITIONS REGULATING SAME ANDPROVIDING FOR A FEE TO BE PAID TO THE CITY.WHEREAS j as a telecommunications provider. AT&T Arkansas has statewide authorityunder Ark. Code Ann. §23-17-101 to construct, operate and maintain its telecommunicationsfacilities in the public rights of way ("ROW") throughout the state of Arkansas;WHEREAS, Under Ark. Code Ann. §14-200-101, City-of Johnson is permitted to imposereasonable terms and conditions on AT&T Arkansas' use and occupation of the City ofJohnson's ROW and to collect a reasonable franchise fee for such use and occupation of itsROW;WHEREAS. AT&T Arkansas is in the process of upgrading its existingtelecommunications network to provide an integrated Internet Protocol ("IP") enabled broadbandplatform of voice, data and video services ("IP Network"), the video component of which is aswitched, two-way, point-to-point and interactive service ("IP-enabled Video Service"). The IPNetwork upgrade will involve the use of City of Johnson's ROW;WHEREAS, AT&T Arkansas believes that Ark. Code Ann. §23-17-101 covers theconstruction, operation and maintenance of the IP Network, and that AT&T Arkansas is notrequired to obtain a separate franchise or other authorization from the City of Johnson to offerIP-enabled services including IP-enabled Video Services within the City of Johnson over the IPNetwork;WHEREAS. AT&T Arkansas further believes that the City of Johnson's right to regulatethe construction of the IP Network in City of Johnson's ROW is limited to the right to imposereasonable conditions regarding the time, place, and manner of AT&T Arkansas' use andoccupation of City of Johnson's ROW;WHEREAS. City of Johnson believes that the provision of IP-enabled Video Services byAT&T Arkansas is beyond the scope of Ark. Code Ann. §23-17-101 and is subject to City ofJohnson's cable television franchising authority;WHEREAS, both AT&T Arkansas and the City of City of Johnson agree that thedeployment of the IP Network and the provision of IP-enabled Video Services should not bedelayed by litigation to establish the scope of Ark. Code Ann. §23-17-101 or the application ofCity of Johnson's franchise ordinance to IP-enabled Video Services; and,WHEREAS, the City of Johnson and AT&T Arkansas further agree that litigation toresolve this issue would be complex and protracted, and that it is in the best interests of bothParties and the residents of City of Johnson to reach a compromise of each other's positions andclaims.BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF JOHNSON,ARKANSAS, ThatSection 1: The Agreement attached hereto to allow Southwestern Bell Telephone,LP. doing business as AT&T Arkansas, to utilize public right of 'ways and to construct operateand maintain its telecommunications facilities therein for the purposes and consideration set forthin said Agreement is hereby ratified and approved.Section 2: That the Mayor and Recorder-Treasurer are hereby authorized on behalf ofthe City of Johnson. Arkansas, to execute such Agreement securing the benefits thereof to theCity and its residents.